4.22 FIELD INTERVIEWS AND FRISKS
4.22.1 PURPOSE
A. To ensure that all stops (whether on foot, in a vehicle, or otherwise), detentions, and searches of persons by this Department are lawful; not in violation of the person’s civil rights; and not motivated by the officer’s perception of the person’s race, color, sex, sexual orientation or national origin.
4.22.2 DEFINITIONS
A. Field Interview – The brief detainment of a person (whether on foot, in a vehicle, or otherwise), for the purpose of inquiry and/or determining the person’s identity. An officer must have reasonable suspicion.
B. Frisk – An external patting of a person’s outer clothing.
C. Reasonably suspects – A belief held by a police officer that is reasonable under the totality of the circumstances existing at the time and place the police officer acts as authorized in ORS 131.605 and 131.625 (http://www.leg.state.or.us/ors/131.html). NOTE: “Reasonable suspicion” is established when such a belief is held by the police officer. Reasonable suspicion is more than a hunch or a feeling, but less than the probable cause necessary to make an arrest.
D. Mere Conversation or Mere Encounter – Questioning without any restraint of liberty. There is no legal justification required for a mere conversation or encounter.
E. Unusual conduct – Conduct that leads a police officer to reasonably conclude, in light of the officer’s training and experience, that criminal activity may have or is about to occur.
F. Stop – A temporary restraint of a person’s liberty. The stop must be justified by reasonable suspicion that the person has or is about to commit a crime. A stop occurs when an officer, by show of authority, “restrains the liberty of the person encountered so that a reasonable person would not feel free to refuse to cooperate or leave the scene.”
4.22.3 CRIME STOP PROCEDURES
2. In justifying the stop and establishing the existence of reasonable suspicion, the officer must be able to point to specific facts which, when taken together with rational inferences, reasonably warrants the stop. Such facts may include, but are not limited to the following:
a. The demeanor of the suspect that suggests that he is part of a criminal enterprise or is engaged in a criminal act; and/or
b. The action of the suspect that suggests that he is engaged in a criminal activity; and/or
c. The hour of day or night is inappropriate for the suspect’s presence in the area; and/or
d. Dependent on the circumstances, the suspect’s presence in a neighborhood or location is inappropriate; and/or
e. The suspect is carrying a suspicious object; and/or
f. The suspect’s clothing bulges in a manner that suggests he is carrying a weapon; and/or
g. The suspect is located in proximate time and place to an alleged crime; and/or
h. The officer has knowledge of the suspect’s prior criminal record or involvement in criminal activity.
B. Initiating and Conducting a Field Interview
1. The detention and inquiry shall be conducted in the vicinity of the stop and
for no longer than a reasonable period of time.
2. When approaching the suspect, the officer shall clearly identify himself
as a police officer and, if not in uniform, announce his identity and display
Department identification.
3. The inquiry shall be considered reasonable if it is limited to:
a. The immediate circumstances that aroused the officer’s reasonable suspicion; and/or
b. Other circumstances arising during the course of the detention and inquiry that further support the officer’s reasonable suspicion of criminal activity; and/or
c. Ensuring the safety of the officer, the suspect stopped and/or other persons present, including inquiries regarding the presence of weapons.
4. In addition to the inquiry areas above, an officer may request consent to
search in relation to matters specified in Paragraph 3a through 3c above, or
to search for items of evidence otherwise subject to search or seizure under
ORS 133.535 (http://www.leg.state.or.us/ors/133.html).
5. Officers shall be courteous during the contact but must maintain caution and vigilance for furtive movements to retrieve weapons, conceal or discard contraband, and other suspicious actions.
6. Before approaching more than one suspect, individual officers should
determine whether circumstances warrant a request for backup assistance
and whether the contact can and should be delayed until such assistance
arrives.
7. A police officer making a stop may use that degree of force reasonably necessary to make the stop and ensure the safety of the police officer, the suspect stopped and/or other persons who are present.
C. Justification for Conducting Frisks
1. An officer has the right to perform a frisk of the outer garments of a suspect to check for weapons if the suspect has been stopped based upon reasonable suspicion AND the officer has a reasonable fear for his own or another person’s safety. Not every field interview poses sufficient justification for conducting a frisk. The following factors may support justification for performing a frisk. Officers should note that these factors are not all-inclusive. There may be other factors that could or should be considered.
a. The type of crime suspected, particularly in crimes of violence where the use or threat of weapons or deadly force is involved; and/or
b. The existence of more than one suspect that must be handled by a single officer; and/or
c. The hour of the day and the location or neighborhood where the stop takes place; and/or
d. Prior knowledge of the suspect’s use of force and/or propensity to carry deadly weapons; and/or
f. Visual indications suggesting that the suspect is carrying a firearm or other deadly weapon.
D. Procedure for Performing a Frisk
1. When justification exists to perform a frisk, it should be performed with due caution, restraint and sensitivity. Frisks are justifiable when performed to protect the safety of officers and others. The following guidelines should be observed:
a. Whenever possible, frisks should be conducted by an officer of the same gender as the suspect.
b. Officers may externally feel the outer clothing of the suspect. If the officer feels an object that could reasonably be a weapon, i.e., firearm, knife, club or other item, the officer may place his hands in the suspect’s pockets.
c. If the suspect is carrying an object such as a handbag, suitcase, briefcase, sack, fannypack, backpack or other item that may conceal a weapon, the officer should place it out of reach of the suspect. It should be noted that if the suspect and/or the suspect’s vehicle is taken into custody, the officer may be required to complete a personal property inventory (see G.O. 4.13 Personal Property Inventory).
d. Officers should observe appropriate officer safety guidelines while conducting frisks.
4.22.4 TRAFFIC STOP PROCEDURES
A. A police officer may arrest or issue a citation to a person for a traffic crime as provided by ORS 133.235 and 133.310 (http://www.leg.state.or.us/ors/133.html.).
B. A police officer may issue a citation to a person for a traffic violation when the traffic violation is committed in his presence or when he has probable cause to believe an offense has occurred based on a description of the vehicle or other information received from another officer who observed the traffic violation.
C. A police officer:
1. May stop and detain a person for a traffic violation for the purpose of investigating matters reasonably related to the traffic violation, the suspect’s identification, and issuance of the citation; and
2. May inquire into circumstances arising during the course of a detention and investigation under Paragraph 1 above, which gives rise to reasonable suspicion of criminal activity; and
3. To ensure safety, the officer may inquire about the presence of weapons from the person stopped or other persons present; and
4. May use that degree of force reasonably necessary to make the stop and ensure the safety of the officer, the person stopped or other persons present.
4.22.5 REPORTING AND COMPLAINT REVIEW PROCESS
A. Police reports
1. All field interviews, frisks, and consent to search requests must be fully documented (i.e., CAD, SDC, report) and submitted to the appropriate parties by the end of the officer’s shift.
2. The Department and its members will cooperate fully and expeditiously in the collection and reporting of data related to this procedure (see General Order 7.4 Stop Data Collection).
B. Complaints
1. The Department and its members shall promptly and courteously receive allegations of violations of the provisions of this procedure.
2. Allegations of violations of the provisions of this procedure will be evaluated and investigated in accordance with the procedures set forth in General Order 5.9 Internal Affairs Investigations.
Carla C. Piluso
Chief of Police
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